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SES District Responsibilities and Tutoring Guidelines Update

Recap of district roles for Supplemental Educational Services (SES) including background check process updates, provider agreements, and tutor policies. Guidelines for fair student selection. Information on monitoring, privacy protection, and meeting obligations.

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SES District Responsibilities and Tutoring Guidelines Update

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  1. Office of Superintendent of Public Instruction Title I, Part A/Learning Assistance Program Webinar, February 17, 2015

  2. Title I, Part ASupplemental Educational Services (SES • Recap of district responsibilities for SES • Update on background check process and system delays • Recap of district-provider agreement components • Review of provider policies and assurances relevant to tutoring • SES Provider Monitoring Report content and process • Process for release of 20% obligation, Public School Choice (PSC) and SES–iGrants FP 557

  3. SES–District Requirements Notify parents about the availability of services, at least annually [Section 1116(e)(2)(A); 34 CFR §200.46(a)(1)]. (See G-2.) Help parents choose a provider, if requested [Section 1116(e)(2)(B); 34 CFR §200.46(a)(2)]. Apply fair and equitable procedures for serving students if not all students can be served [Section 1116(e)(2)(C); 34 CFR §200.46(a)(3)]. (See F-3.) Ensure that eligible students with disabilities (SWD) and LEP students receive appropriate services [34 CFR §200.46(a)(4), (5)]. (See C-31 through C-33.) Enter into an agreement (contract) with a provider selected by parents of an eligible student [Section 1116(e)(3); 34 CFR §200.46(b)]. (See H-1.) Assist the SEA in identifying potential providers within the LEA [Section 1116(e)(4)(A); 34 CFR §200.46(a)(2)]. (See C-1).

  4. SES–District Requirements Protect the privacy of students who are eligible for or receive SES [Section 1116(e)(2)(D); 34 CFR §200.46(a)(6)]. (See H-16 through H-18.) Assist the SEA in monitoring the SES providers. Prominently display on its website, in a timely manner to ensure that parents have current information: (a) beginning with data for the 2007–2008 school year and for each subsequent school year, the number of students who were eligible for and the number of students who participated in SES; and (b) for the current school year, the list of providers approved by the SEA to serve in the LEA and the locations where services are provided [34 CFR §200.39(c)(1)(ii), (iii)]. (See G-10 through G-12.) Meet its 20 percent obligation. If an LEA spends less than the amount needed to meet its 20 percent obligation, then it must either: (a) spend the remainder of that obligation in the subsequent school year; or (b) meet the criteria in 34 CFR §200.48(d)(2)(i) [34 CFR §200.48(d)(1), (2)]. (See L-1.)

  5. SES–Recapof Background Check Process • State law requires all SES tutors first complete a background check: (RCW 28A.400.303). • Approved SES providers will email Jody Hess (jody.hess@k12.wa.us) lists of tutors who have been fingerprinted (first and last name, date of birth) for each district in which they will work. • If a tutor is working in more than one district, the tutor’s name should appear on each district list. • Tutors who have been fingerprinted within the past two years through OSPI are currently in our system. Tutors who are not in our system will have fingerprints taken at Washington State Patrol, Educational Service Districts, or a law enforcement agency. 

  6. SES–Background System Delays • OSPI has no control over the time the Washington State Patrol or the FBI will take to run the background check through their systems. • Because of the unavoidable delays in fingerprint background clearances, districts may need to extend their deadlines past the contracted date with providers to provide SES tutoring. • All eligible students whose parents completed the enrollment process within the timelines for SES tutoring must receive their full per-child expenditure for tutoring, up to the district’s 20 percent SES set-aside.  • Providers must adhere to the maximum allowed tutoring time per day and per week.

  7. SES–Maximum Tutoring Per Week/Per Day Maximum of six (6) tutoring hours per week.

  8. UPDATED: SES Providers Must Not… Offer a student or parent any form of incentive/award to solicit them to select the provider for SES. This includes transportation, food, prizes, and even small promotional items such as pencils and candy. Offer or advertise to parents or potential students any form of incentive/award to be given to students for completion of attendance or performance goals, prior to the student’s actual enrollment in the program and prior to the start of SES. This includes digital learning devices such as tablets and laptops. Tamper with district enrollment forms. It is not acceptable for a provider to pre-populate forms with the provider name, to complete the forms on behalf of a student or parents, or to submit them to the district on behalf of students or parents. Encourage students/parents to switch providers once enrolled.

  9. UPDATED: SES Providers Must Not… Charge the district for a portion of hours of services offered and indicate that the remaining hours of service are to be provided free of charge. Compensate school district employees personally in exchange for access to facilities, to obtain student lists, to collect applications, or obtain other similar benefits for their SES program. Disrupt regular school operations or administration. Providers may not visit schools and ask to meet with principals or SES coordinators without making an appointment beforehand. Interfere with a regular school day program by trying to talk with teachers, meet with teachers, or email teachers about issues regarding their involvement with your programs. This includes contacting school staff via phone, email, or mail for any purpose without the district’s permission.

  10. UPDATED: SES Providers Must Not… Ask schools to provide working space for SES programs during regular school hours–you should not be present in the school during the normal school day. Solicit parents and students outside of the school building when parents are dropping off or picking up their children in an effort to recruit them to sign up for a specific program. This invades their privacy. Misinform parents of their SES options or that a student can finish one program and then sign up for another one. Must comply with district policy related to the distribution of enrollment forms. Must receive permission from the district prior to distributing district enrollment forms. May not distribute any enrollment form other than the district’s. Providers may not enroll students, assist parents with filling out form, or collect form.

  11. UPDATED: SES Providers Must Not… Treat school administrators or staff disrespectfully or misinform them of their rights. This includes speaking negatively about a district’s SES program or policies with parents/community organizations. Advertise unfair or misleading information about your services or that of another vendor. Advertising includes any written or oral communication. Ask students enrolled in the provider’s program to recruit other students for the program. Solicit business on school premises except during scheduled SES meetings, fairs, conferences, and other events to which providers have been invited to attend. Promote or provide tutoring more than maximum hours allowed per day/per week–six hours per week max. -Monday through Friday, 3 days max, 1.5 hours per day max -Saturday and Sunday, 2 hours per day max

  12. Update: Marketing Directly to Parents While providers are permitted to market their services directly to members of the community, they– • Must not purport to be an agent of the school district. • May not offer or advertise economic incentives or gratuities of any kind. • Must ensure promotional materials and advertisements are free of deception and false statements; only OSPI-approved promotional materials may be distributed.

  13. Update: Marketing Directly to Parents • May not distribute enrollment forms other than those provided by the district; providers must first seek permission from the district prior to distributing district enrollment forms. • Must avoid any appearance of bullying or pressuring the parent to enroll; high-pressure sales tactics are strictly prohibited. • Must ensure that district and school personnel hired by the provider perform instructional duties only, and that they do not engage in marketing activities, recruit students, distribute or collect enrollment forms, or in any way promote or encourage students to enroll in the provider’s program…this applies to districts serving as SES providers as well.

  14. Recap: District/Provider Agreement Components Once parents select a provider for their child, an LEA must enter into an agreement with the provider that includes the following: • Specific achievement goals for the student, developed in consultation with the student’s parents and the provider [Section 1116(e)(3)(A); 34 CFR §200.46(b)(2)(i)(A)]. • A description of how the student’s progress will be measured and how the student’s parents and teachers will be regularly informed of that progress [Section 1116(e)(3)(A), (B); 34 CFR §200.46(b)(2)(i)(B), (ii)]. • A timetable for improving the student’s achievement [Section 1116(e)(3)(A); 34 CFR §200.46(b)(2)(i)(C)].

  15. District/Provider Agreement Components • A provision for terminating the agreement if the provider fails to meet the student’s specific achievement goals and timetables [Section 1116(e)(3)(C); 34 CFR §200.46(b)(2)(iii)]. • Provisions governing payment for the services, which may include provisions addressing missed sessions [Section 1116(e)(3)(D); 34 CFR §200.46(b)(2)(iv)]. • A provision prohibiting the provider from disclosing to the public the identity of any student eligible for or receiving SES without the written permission of the student’s parents [Section 1116(e)(3)(E); 34 CFR §200.46(b)(2)(v)]. • An assurance that SES will be provided consistent with applicable health, safety, and civil rights laws [Section 1116(e)(5)(C)]. (See C-19, C-31, C-32.)

  16. District/Provider Agreement: Reasonable Administrative and Operational Requirements Per Section E-5 of the SES Non-Regulatory Guidance– • Districts may impose reasonable administrative and operational requirements through its SES agreements with providers that do not subject SES providers to more stringent requirements (such as insurance requirements) than apply to other contractors of the district. • Per Page 4 of all providers’ approved OSPI SES Provider Application– • Providers are required to have minimum liability coverage of $1 Million.

  17. General Assurances and Provisions for Providers: Assurances Relevant to Tutoring All assurances and provisions that providers agreed to in theSES Provider application are posted to our website. Assurances relevant to tutoring: • Administer the instructional program described in the approved application. Applicant/providers must offer the program to students—at or below—the cost detailed in the approved application. • Ensure that programs build on the academic program a student experiences in the regular school day and are aligned with the district’s curriculum.

  18. Assurances Relevant to Tutoring • Ensure that programs align with the state’s academic standards and, in the case of a student with disabilities, are consistent with the student’s individualized education program (IEP) under the Individuals with Disabilities Education Act. • Use high-quality, research-based instructional practices designed specifically to increase students’ academic achievement or language proficiency. Applicant/providers must provide remediation/instruction that addresses the individual skill gaps revealed during the assessment process and base remediation/instruction on an individual learning plan. • Must have a standardized pre- and post-assessment able to identify students’ weaknesses and achievement gaps, and able to build an individual student plan and learning goals. The assessment must be able to identify, by score, an overall gain.

  19. Assurances Relevant to Tutoring • Ensure all instruction content offered under P.L. 107-110, Section 1116(e) is secular, neutral, and non-ideological. • Provide parents/guardians of children receiving SES under P.L. 107-110, Section 1116(e) and the applicable school district information related to the academic progress of their children in a format and in languages parent(s)/guardian(s) can understand. • Provide a healthy, safe, and clean environment in which to tutor students. • Hold full responsibility for the safety of students in their program. Students must not be left unattended during tutoring sessions. • Must not disclose the identity of any student, eligible for or receiving SES, to the public—without the written permission of the parent.

  20. Assurances Relevant to Tutoring • When the applicant/provider or any of its employees has reasonable cause to believe that a child has suffered abuse or neglect, the provider must report to, or make sure a report is filed with, the proper law enforcement agency, or to the Department of Social and Health Services, as directed by RCW 26.55.050. Abuse or neglect means sexual abuse, sexual exploitation, or injury of a child by any person under circumstances, which cause harm to the child's health, welfare, or safety, excluding conduct permitted under RCW 9A.15.100, or the negligent treatment or maltreatment of a child by a person responsible for, or providing care to, the child. • Must not accumulate more than three “no shows” for scheduled tutoring sessions. Provider(s) must reschedule with students/parents at least 24 hours before scheduled services, except in the event of inclement weather or emergencies.

  21. SES Provider Monitoring Report All providers will complete a monitoring report–iGrants FP 726. Components of the SES monitoring report: • List number of students served in every grade span for each district served. • Submit sample Student Achievement Goal Plans for each grade served this school year. • Describe instruction and student activities implemented; explaining how students with IEPs, SWD, and LEP students’ needs were met. • Indicate pre and post data collected; describe how assessment data was utilized to customize instruction.

  22. SES Provider Monitoring Report • Explain the high quality research-based activities utilized. • Upload lesson plan demonstrating instructional content is aligned to Common Core State Standards. • Describe parent involvement process. • Submit sample progress reports for every grade band served. • Submit and describe student conduct, discipline, and safety policies and procedures. • Components specific to districts serving as SES providers.

  23. SES Provider Monitoring Report • Monitoring Report is available on iGrants (FP 726). • Report must be submitted by 4 p.m., PT, Thursday, April 30, 2015. • Each component of the report must be completed. • An evaluation rubric (“above standard”, “acceptable”, “below standard”, “insufficient information”) will be utilized to evaluate the report. • Submissions that score below standard or do not provide sufficient information for any component will be required to revise/resubmit by Friday, June 19, 2015. • If minimum standards are still not met, a Corrective Action Plan will be required.

  24. District Implementation/Evaluation of SES • In addition to monitoring districts under CPR for SES implementation, OSPI will conduct interviews with parents of students served by providers in select districts. • All districts implementing SES this school year will address questions pertaining to their SES Program in their comprehensive Title I, Part A End-of-Year report. • Districts will be asked to complete a survey of SES Provider services as well as help facilitate parent surveys.

  25. Process for Release of 20% Obligation — PSC & SES • iGrants FP 557–doNOT submit until both SES open enrollment windows have closed. • Due Date–the application may be completed for OSPI review any time after the requirements are met and the district knows the amount which will not be needed to meet requests for PSC and SES. All applications must be received no later than July 1, 2015. • Carryover–any of the 20% PSC/SES set aside not approved for release for other allowable Title I, Part A purpose must be carried over and used for PSC/SES purpose in the next year. This is in addition to the required 20% of the next year allocation set aside for PSC/SES on the Title I, Part A application (FP 201).

  26. Process for Release of 20% Obligation — PSC & SES Amounts entered should agree to Section B on Page 5 (Required Set-Asides for Public School Choice and Supplemental Educational Services) of the Title I, Part A application (FP 201). All amounts should be entered in whole numbers. The total set aside and amount remaining to reallocate are automatically calculated. • Application and budget revisions will require adjustments to the Title I, Part A application and budget (FP 201). Submit revisions to FP 201 upon approval.

  27. Process for Release of 20% Obligation — PSC & SES Components of the report (adheres to Sec. L of SES Non-Regulatory Guidance): • Explain how the district partnered with outside groups to inform students and families about PSC and SES. • Explain how the district ensured parents were made aware of opportunities for PSC. • Explain how the district ensured parents of eligible students were provided opportunities to sign up for SES (this includes at least two enrollment windows or one continuous open enrollment window.) • List the number of students eligible for SES vs. number served. • Indicate the activity(ies) to which the district intends to allocate funds.

  28. OSPI Title I/LAP Contacts • Assistant Superintendent, Special Programs and Federal Accountability • Gayle Pauley, gayle.pauley@k12.wa.us, 360.725.6170 • Title I, Part A/LAP Program Supervisors • Larry Fazzari, larry.fazzari@k12.wa.us, 360.725.6189 • Jamey Gelhar, jamey.Gelhar@k12.wa.us, 360.725.6104 • Jody Hess, jody.hess@k12.wa.us, 360.725.6171 • Mary Jo Johnson, maryjo.johnson@k12.wa.us, 360.725.6103 • Nate Marciochi, nate.marciochi@k12.wa.us , 360.725.6172 • Penelope Mena, penelope.mena@k12.wa.us, 360.725.6069 • Cara Patrick, cara.patrick@k12.wa.us, 360.725.6232 • LaWonda Smith, lawonda.smith@k12.wa.us, 360.725.6168 • Title I, Part A/LAP Support Staff • Julie Chace, julie.chace@k12.wa.us, 360.725.6167 • Tony May, tony.may@k12.wa.us, 360.725.6231 • Kevan Saunders, kevan.saunders@k12.wa.us 360.725.6100

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